THE MOTOR VEHICLES (AMENDMENT) BILL, 2015

THE MOTOR VEHICLES (AMENDMENT) BILL, 2015
A
BILL
further to amend the Motor Vehicles Act, 1988.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 7th day of January, 2015.
2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), after
section 2, the following section shall be inserted, namely:—
“2A. (1) Save as otherwise provided in the proviso to sub-section (1) of
section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to
e-cart and e-rickshaw.
(2) For the purposes of this section, “e-cart or e-rickshaw” means a special
purpose battery powered vehicle of power not exceeding 4000 watts, having three
wheels for carrying goods or passengers, as the case may be, for hire or reward,
manufactured, constructed or adapted, equipped and maintained in accordance with
such specifications, as may be prescribed in this behalf.”.
3. In the principal Act, in section 7, in sub-section (1), the following proviso shall be
inserted, namely:—
“Provided that nothing contained in this sub-section shall apply to an e-cart or
e-rickshaw.”.
Short title and
commencement.
Amendment
of section 7.
59 of 1988. Insertion of
new section
2A.
E-cart and
e-rickshaw.
Bill No. 37 of 2015
AS INTRODUCED IN LOK SABHA
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10
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2
Amendment
of section 9.
4. In the principal Act, in section 9, after sub-section (9), the following sub-section
shall be inserted, namely:—
“(10) Notwithstanding anything contained in this section, the driving licence to
drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions,
as may be prescribed.”.
5. In the principal Act, in section 27,—
(i) clause (a) shall be renumbered as clause (aa) thereof and before clause (aa)
as so renumbered, the following clause shall be inserted, namely:—
“(a) specifications relating to e-cart and e-rickshaw under sub-section (2)
of section 2A;”;
(ii) after clause (f), the following clause shall be inserted, namely:—
“(ff) the manner and the conditions subject to which the driving licence
may be issued under sub-section (10) of section 9;”.
6. (1) The Motor Vehicles (Amendment) Ordinance, 2015, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under
the principal Act, as amended by this Act.
Amendment
of section 27.
Repeal and
saving.
Ord. 2 of
2015.
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STATEMENT OF OBJECTS AND REASONS
Under the Motor Vehicles Act, 1988 (MV Act), no person can be granted a learner’s
license to drive a transport vehicle unless he has held the driving license for a period of at
least one year. E-rickshaws and E-carts are being defined to have three wheels and limited
power of 4000 watts. Further, the specification for speed and dimension can be regulated
through the rules which can be made under the Motor Vehicles Act, 1988. These vehicles
may be allowed to be driven by drivers who have been found eligible to drive E-rickshaws
and E-carts through tests.
2. As most of the E-rickshaw and E-cart drivers do not have any licence, the extant
provision will debar them from operating e-Rickshaws/e-Carts for a year. In order to
remove this difficulty and facilitate plying of e-rickshaw and e-Cart, the Central Government
proposes to amend sub-section (1) of section 7 of the Motor Vehicles Act, 1988 which will
give relaxation to e-Rickshaw and e-Cart drivers only. In addition, the definition of
e-Rickshaw and e-Cart is also proposed to be included under the said Act.
3. Accordingly, a proviso is included in sub-section (1) of section 7 for relaxation for
granting learner’s licences for E-cart and E-rickshaw. The proposal will relax the conditions
for issue of learner’s licence for driving a transport vehicle with three wheels and net power
not more than 4000 watts.
4. Sub-section (1) of section 2A is proposed to be inserted after section 2 of MV Act.
This aims to bring the E-cart and E-rickshaw under the ambit of MV Act. It will provide
employment to innumerable people who have upgraded from the manually pulled rickshaws
to the electric powered three-wheeled vehicles.
5. It is also proposed to insert sub-section (10) in section 9 of MV Act, prescribing the
manner in which, and conditions subject to which driving licences to drive E-rackshaw or
E-cart shall be issued.
6. The Motor Vehicles (Amendment) Bill, 2014 was passed in the Lok Sabha on
18th December, 2014. It was pending in the Rajya Sabha. Based on the said Bill, an Ordinance,
namely, the Motor Vehicles (Amendment) Ordinance, 2015 (2 of 2015) was promulgated by
the President on 7th January, 2015.
7. The Bill seeks to replace the said Ordinance.
NEW DELHI; NITIN GADKARI
The 20th February, 2015.
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ANNEXURE
EXTRACTS FROM THE MOTOR VEHICLES ACT, 1988
(59 OF 1988)
*****
7. (1) No person shall be granted a learners’ licence to drive a transport vehicle unless
he has held a driving licence to drive a light motor vehicle for at least one year.
*****
27. The Central Government may make rules—
(a) regarding conditions referred to in sub-section (2) of section 3;
*****
Restrictions
on the
granting of
learners’
licence for
certain
vehicles.
Power of
Central
Government to
make rules.
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LOK SABHA
————
A
BILL
further to amend the Motor Vehicles Act, 1988.
————
(Shri Nitin Jairam Gadkari, Minister of Road Transport and Highways)
GMGIPMRND—4741LS(S3)—25-02-2015.

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